But the pool is installed and we are enjoying it with our grandkids. I just want them to take the thing back. Most states also have a statute of limitations in order to do thatmeaning if you had the pool for a couple yearstoo late. However, the ability of Plaintiffs to recover attorneys' fees is small consolation when almost all other recourse has been stripped away.2. Stephanie Roberts, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. Ky. 2015) Court Description: MEMORANDUM OPINION & ORDER denying 5 Motion to Compel Brief due by 10/13/2015. Most states require a judgement in order to do so, unless it is a mechanics lien. So now I had a big part of my yard tore up and the only option I had was to pay cash for the pool. "[P]otential litigants must be given an opportunity, prior to arbitration on the merits, to demonstrate that the potential costs of arbitration are great enough to deter them and similarly situated individuals from seeking to vindicate their federal statutory rights in the arbitral forum." www.wspa.com ( pool complaints ) Plaintiffs Leroy Brown and Linda Brown similarly allege their purchase price jumped from $14,810.48 in the initial contract to $31,434.48 at the time of installation. Midline and Classic models cost more than $10,000 and vary in price depending on size. Before compelling arbitration, the Court "must engage in a limited review to determine whether the dispute is arbitrable." "When reviewing for substantive unconscionability, consideration is given to 'the commercial reasonableness of the contract terms, the purpose and effect of the terms, the allocation of the risks between the parties, and similar public policy concerns.'" Well, I have my contract, and it shows $14000 as the financed amount, and I would love to take them to court over this, but am not sure who I can sue. Blue World Pools, Inc., No. The FAA establishes a procedural framework applicable in both federal and state courts, and also mandates that substantive federal arbitration law be applied in both. ANALYSIS Plaintiffs also criticize the arbitration clause for being entirely capitalized. Congress enacted the United States Arbitration Act of 1925, more commonly referred to as the Federal Arbitration Act (FAA), 9 U.S.C. Plaintiffs argue the arbitration clause is substantively unconscionable because it "fails to provide [Plaintiffs] with an adequate opportunity to vindicate [their] claims." Except for a plumbing issue that followed Wintermageddon in Texas in 2021, everything has held up and remained intact. The installers were prompt and professional, and the materials themselves are excellent. (Docket #6). Masco Corp. v. Zurich Am. (citation and punctuation omitted). Your choice. Ins. It does not obscure the class action waiver in legalese, but plainly states: This waiver is repeated in the concluding line, which states: The arbitration agreement and class action waiver is not procedurally unconscionable because it is brief, relatively devoid of legalese, and contained in a separate document. File a complaint to Blue World Pools. II. (Docket #1-2). If anyone is going in on a lawsuit, count me in. The intimidation tactics are laughable. Thank you for choosing us! ", Bill would take away rights for homeowners, critics say, Insurance agent says he's owed $625,000 in commissions, Appeals court grants stay in state transgender athlete ban, Woman says Starbucks co-worker assaulted her while she was pregnant, Morrisey, other AGs ask court to review SEC rule requiring more disclosures on proxy votes. NOT! Conversely, several cases following Abner distinguished themselves on the grounds that the unconscionable provision could be severed from the rest of the arbitration agreement. Then they said they would send over the proper forms and to go sit by my computer and wait for them. In short, the Court will allow Plaintiff to conduct discovery on the claim of substantive unconscionability. Not bad for my negligence). I would recommend them to anyone! 2 hours later the installers are packing up to leave because they called the office to see where the finance papers were and someone told them there was no way finance papers would be processed the same day. 9 U.S.C. Brazilian hair straightening#Class action lawsuits. The sales team does over sale the zero maintenance, no chemicals and no draining for winter. just let me know. (Docket #6). . Co.,382 F.3d 624, 627 (6th Cir. What you did was sign a paper allowing a loan shark to take an amount of money out of your bank account for an indefinite amount of time. COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS OR AS A PRIVATE ATTORNEY GENERAL OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS. Discovery due by 10/9/2015. The man called my husband a liar, told him to give him a break, yelled at him. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. (Docket #5-3). "A provision limiting remedies in such a way is a substantial waiver of a plaintiff's rights, and an arbitration clause that contains a substantial waiver of a party's rights is unenforceable." Before we even received the paperwork they were calling us making threats to us in voicemails about our house, our credits, and comments about our personal selves. THOMAS B. RUSSELL, Senior District Judge. Seawright v. Am. Id. Andrew Roberts, Plaintiff, represented by, Stephanie Roberts, Plaintiff, represented by, Blue World Pools, Inc., Defendant, represented by. CIVIL ACTION NO. (quoting Schnuerle v. Insight Communs., Co. L.P.,376 S.W.3d 561, 577 (Ky. 2012). . I pool ionizer is great, and even after heavy rains the water stays clear. Co., 382 F.3d 624, 627 (6th Cir. He sent the rep back and I signed, after that I tried to cancell the contrack, I was told if I do I will pay 7, 000 dollars due immediately, that I had no choice that they will send their lawyer afetr me, well I let it go since I had no choice but the wather start turning green, I tried to call this mean man come and tell me, I was supposed to buy this or that. Energy Home v. Peay,406 S.W.3d 828, 835 (Ky. 2013). Energy Home v. Peay, 406 S.W.3d 828, 836 (Ky. 2013); Conseco, 47 S.W.3d at 343 ("its provisions are clearly stated such that purchasers of ordinary experience and education are likely to be able to understand it, at least in its general import"). Servicing Corp. v. Wilder,47 S.W.3d 335, 343 (Ky. App. Our stability is a result of our long-term commitment to providing value for our customers. See, e.g., David Roth's Sons, Inc. v. Wright & Taylor, Inc., 343 S.W.2d 389, 391 (Ky. 1976). Ky. 2011). (Docket #1). Conseco Finance Servicing Corp. v. Wilder,47 S.W.3d 335, 341 (Ky. App. Our connection to the industry is what sets us apart: we cover lawsuits and investigations . "It is directed against one-sided, oppressive and unfairly surprising contracts, and not against the consequences per se of uneven bargaining power or even a simple old-fashioned bad bargain." CHARLESTON The West Virginia Attorney General's Office recently entered into a nearly $1.65 million Assurance of Discontinuance with Blue World Pools Inc. to resolve allegations that the. Preston v. Ferrer,552 U.S. 346, 349 (2008). Servs., 253 F.3d 1280, 1287 (11th Cir. This is ClassAction.org's current list of open lawsuits and investigations. Blue World moves to compel arbitration, stating the contracts signed by the respective Plaintiffs contained an arbitration clause. The marketing of the $400 pool did capture me for the initial call and meeting with the sales team. Plaintiffs Andrew Roberts and Stephanie Roberts claim they initially agreed to purchase a pool for $24,631.11, but when the installer arrived with the additional contract terms, the new purchase price was $55,278.60. The arbitration clause is sufficiently notable. Plaintiff must file a brief on or before October 13, 2015. Ky. 2014); Francis v. Cute Suzie, LLC, 2011 U.S. Dist. Co.,571 S.W.2d 438, 439 (citing Black's Law Dictionary, Revised 4th Ed., p. 1694). The parties shall address all issues. despite all my efforts these peoples keep pressuring me that they are going to take my house if I dont make my payments. The Plaza 851 Brickell Condominium Association will pay up to 300000 to settle a class-action lawsuit accusing the group of charging illegal fees to residents. They call our cell phones, house phones and my work phones. 2001) (citing Cline v. Allis-Chalmers Corp.,690 S.W.2d 764 (Ky. App. at 512. Any customer who objected was told they could no longer rescind the purchase. Section G stated in part: Plaintiffs were also required to sign a separate contract titled "Arbitration Agreement." Its a great investment for family enjoyment. The statute of limitations on rescission of the transaction under TILA is 3 years. Id. also, they tried to pull money out of our account after we told them not too. --------. 3:15-CV-00335-TBR (W.D. Id. However, this flaw alone does not render the arbitration clause and class action waiver unconscionable. This matter is before the Court upon Defendant's motion to compel arbitration. Financing options are available on Midline and Classic pool models. (Docket #6). (Docket #9). Among other claims, Plaintiffs claim Blue World misrepresented terms of financing in violation of the Kentucky Consumer Protection Act and the Truth in Lending Act. Co., in which the Sixth Circuit refused to enforce an entire arbitration agreement because it contained an unenforceable clause. First one lasted 14 years with same original pump and sand filter! It was installed within a few months and weve been happy ever since. The Court will allow the Plaintiffs a limited time to investigate the capacity of their clients and similarly situated plaintiffs to pay the costs of arbitration. I did go ahead and pay cash which was difficult to swallow, but I did not like the financing option even with my credit score of 820. I signed to purchase midline model for 2nd pool and the hired installer was let go for reasons unknown to me but Blue World Pool upgraded me to the Elite Model for free for my inconvenience due to a short delay install! When everything is emphasized, nothing is emphasized. Green Tree, 531 U.S. at 90-91. 3d at 790; Brookdale Senior Living Inc. v. Hibbard, 2014 U.S. Dist. . The company delivers and installs above ground pools. 2001) (citing Cline v. Allis-Chalmers Corp., 690 S.W.2d 764 (Ky. App. Blue World Pools offers affordable and deluxe above-ground swimming pool package options. Installation is included in the price and can be done in a matter of days. Citations are also linked in the body of the Featured Case. Co.,388 U.S. 395, 403-04 (1967). The burden of proof is on them to show a proponderance of the evidence that you owe them something. The pool has been great. If a person is serious about investing in a good quality pool that is low maintenance, I highly recommend Blue World Pools. "A fundamental rule of contract law holds that, absent fraud in the inducement, a written agreement duly executed by the party to be held, who had an opportunity to read it, will be enforced according to its terms." (Docket #5). My family and grandkids love this pool. (Docket #1-2). The salesman had all types of information and facts about going with the non- chlorine pool. 2008). 3d 776, 789-90 (E.D. Blue World Pools Inc. Blue World Pools Overview. At the time we purchased the pools neither of us were aware of the others purchase and the slaes practices and follow-up by the company was the same as yours actually maybe worse, it has forced us into bankruptcy. Energy Home v. Peay,406 S.W.3d 828, 836 (Ky. 2013); Conseco, 47 S.W.3d at 343 ("its provisions are clearly stated such that purchasers of ordinary experience and education are likely to be able to understand it, at least in its general import"). Love the beautiful photo of your deck, fence, and pool! This matter is set for a telephonic conference on December 15, 2015 at 9:45 am Eastern (Louisville) Time. Class Action, Mass Tort and Multidistrict Litigation Employees Fed. ] She claims that these cost-sharing and fee-shifting provisions are unconscionable because "[t]he existence, Full title:ANDREW ROBERTS, et al. Tonight my husband answered the phone when they called us at 9:10 PM. The installation crew was courteous and professional and Customer Service answered all my questions and concerns when I contacted them by phone. "It is directed against one-sided, oppressive and unfairly surprising contracts, and not against the consequences per se of uneven bargaining power or even a simple old-fashioned bad bargain." We agreed to the less expensive pool. All pool packages come with a manufacturer's warranty. Conversely, several cases following Abner distinguished themselves on the grounds that the unconscionable provision could be severed from the rest of the arbitration agreement. Blue World allegedly advertised "that a consumer can buy a pool from Blue World Pools and have the pool installed for a total of $399.00." Our content is intended to be used for general information purposes only. The suit, filed in October by former Blue Apron employee Rashida Fairley on behalf of all hourly employees, was moved to a federal court in California this week. Blue World Pools, Inc., Defendant, represented by Gregory E. Mayes, Jr. , Steptoe & Johnson, PLLC & Jeffrey K. Phillips , Steptoe & Johnson, PLLC. Do you have a paper that says when they will stop stealing from your bank accountNOPE. "[A]s subsequent courts construing Abner have emphasized, the question is whether the arbitration clause is so intertwined with the unconscionable provision that the two clauses cannot be severed from each other." He was right. Free installation is limited to certain states. In Cooper, the arbitration agreement did not contain a severability clause and the "Court could not invent a severability clause in order to 'red-line' the cost-splitting provision while enforcing the clause requiring Cooper to arbitrate in the first place." However, Cooper reinforces the standard that a severability provision may salvage an arbitration agreement that contains an unconscionable provision. After customers called to inquire about a pool, Blue World would schedule an in-home sales pitch. Honesty is the best policy, come on and stop the marketing schemes. In this case, the arbitration agreement contains a severability provision, which states: Therefore, the arbitrator may find the limitation of liability clause to be unconscionable and unenforceable and therefore sever that clause, preserving the remaining terms of the arbitration agreement. Blue World Pools generally take a deed of trust on the home of the people that purchase the pool. However, Cooper reinforces the standard that a severability provision may salvage an arbitration agreement that contains an unconscionable provision. . Green Tree Fin. The contents of this site may not be republished, reprinted, rewritten or recirculated without written permission. Abner, 260 S.W.3d at 355. (Docket #6). Plaintiffs argue these arbitration agreements should be not enforced because they are both substantively and procedurally unconscionable. (Docket #5). A reviewing court must compare "average or typical arbitration costs" with the "costs of litigation," in the process "discount[ing] the possibilities that the plaintiff will not be required to pay costs or arbitral fees because of ultimate success on the merits." Schnuerle v. Insight Communs., Co. L.P., 376 S.W.3d 561, 575 (Ky. 2012). Corp., 912 F.2d 1563, 1567 (6th Cir. "Procedural, or `unfair surprise,' unconscionability `pertains to the process by which an agreement is reached and the form of an agreement, including the use therein of fine print and convoluted or unclear language. Ins. . Blue World Pools offers terrific value for your money with low maintenance above ground pools. The Plaintiffs contend that the arbitration provisions are unconscionable and in violation of public policy; therefore, they ask the court to deny Blue World Pool's motion. I am in Virginia & my daughter is in Kentucky. (Docket #6). If a customer purchased a pool, she was presented with paperwork that included these additional costs, but did not include any financing charges. Nothing in the Sixth Circuit's analysis suggests it has wavered from its stance that "when the arbitration agreement at issue includes a severability provision, courts should not lightly conclude that a particular provision of an arbitration agreement taints the entire agreement." We only run our pump for 12 hour My husband and I have had an overall good experience with Blue World Pools. Ky. 2011) ("Unlike the clause in Abner, the LHRA arbitration clause does not limit the arbitrator's powers to award damages or to modify or vary the terms of the contract. Then all of a sudden they wanted to make arrangements after calling us 15 to 20 times a day. We urge consumers to do their homework before entering into any contract and to not be afraid to say no to deals that seem too-good-to-be-true. This review was chosen algorithmically as the most valued customer feedback. Protected by Google ReCAPTCHA. The call came to confirm the installation, then the call came from the installer and then before I knew it the installer was here and installing the pool. I believe the products and warranty are the reason for the increased price although still not sure about $15k, but over time may change my mind. Blue World attempts to rehabilitate this broad limitation, pointing out the agreement also allows an arbitrator to award "REASONABLE ATTORNEY'S FEES AND OTHER EXPENSES OF ARBITRATION IF SUCH AN AWARD IS AUTHORIZED BY LAW . Id. Elec. I fell for the whole thing and I don't think it is right. The Court will address the (A) procedural unconscionability argument, before turning to the (B) substantive unconscionability argument. We paid faithfully on-time for the first year and a half. Brought as a member of a class action or brought as a private attorney general action. In Kentucky, as in all jurisdictions, a contract is only enforceable if both parties agree to be bound by it. See Perez v. Globe Airport Sec. I would like to join you guys on a lawsuit. Plaintiffs argue the arbitration clause is both procedurally and substantively unconscionable. "The doctrine of unconscionability has developed as a narrow exception to this fundamental rule." [The arbitrator has] the power to disregard [unconscionable terms] pursuant to the LHRA's severability clause"). (Docket #6). The customer was also required to grant Blue World a lien on the customer's property. (Docket #6). No, Blue World Pools is not a scam. "Procedural, or 'unfair surprise,' unconscionability 'pertains to the process by which an agreement is reached and the form of an agreement, including the use therein of fine print and convoluted or unclear language. I highly recommend Blue World Pools. Co., in which the Sixth Circuit refused to enforce an entire arbitration agreement because it contained an unenforceable clause. Conseco Fin. In Abner, the Kentucky Court of Appeals held an arbitration agreement was unconscionable because it limited all damages "other than actual damages." The company provides free installation, but its only available in states that do not require a licensed contractor to install a pool. Contact your states Attorney General. Energy Home v. Peay, 406 S.W.3d 828, 835 (Ky. 2013). 1990) ("If the arbitration clause is not at issue, then the arbitrator will decide challenges to the contract containing the arbitration clause"); Prima Paint,388 U.S. 402 ("a broad arbitration clause will be held to encompass arbitration of the claim that the contract itself was induced by fraud"). The FAA establishes a procedural framework applicable in both federal and state courts, and also mandates that substantive federal arbitration law be applied in both. . Morrison v. Circuit City Stores, 317 F.3d 646, 675 (6th Cir. The limitation of liability provision states: Furthermore, the carve-out allowing attorney's fees to be recovered seems designed to protect Blue World's right to recover attorneys' fees from Plaintiffs. Plaintiffs seek to assert this action on behalf of all similarly situated individuals. My family has greatly enjoyed the pool! We had to close the account. The interest rate ranged from 15% to 36%. The customer was also required to grant Blue World a lien on the customer's property. The pool has been great and easy to keep clean. (Docket #1-2). 128 reviews of Blue World Pools "WORST company EVER! Plaintiffs v. BLUE WORLD POOLS, INC. Bought a 24 foot round pool. (Docket #1-2). I wasn't asked in advance, informed in advance, nothing. We have been in business since 2001. Registration Sys. Plaintiffs also request additional time for discovery on the issue of whether the arbitration agreement is valid. Id. My organization tries to ensure 100% customer satisfaction and as such please contact me directly at [protected] ext 3031 so Blue World Pools, Inc. can go above and beyond to make you happy and satisfied. Blue World Pools -. The most visible activity taking place is the suit against mega-distributor PoolCorp and the "Big Three" manufacturers Hayward Pool Products, Pentair Aquatic Systems and Zodiac Pool Systems. Stacy, 27 F. Supp. Burden v. Check Into Cash of Ky., LLC, 267 F.3d 483, 492 (6th Cir. Then when they showed up to set the pool up, the amount was 15000 more than we were originally told. Louisville Bear Safety Serv. But when I called after the 3 day period, they were more than happy to take my cancellation over the phone. Ky. 2011). Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). In short, the Court will allow Plaintiff to conduct discovery on the claim of substantive unconscionability. Please if anyone can help please let me know. Cant wait for warm weather so we can jump in. For the following reasons, Defendant's motion to compel arbitration (Docket #5) is DENIED. Stacy, 27 F. Supp. Reluctantly, we signed the paperwork out of fear of losing our house. Corporation-Alabama v. Randolph,531 U.S. 79, 90-91 (2000); Morrison v. Circuit City Stores,317 F.3d 646, 659 (6th Cir. "But the statutory language does not permit the federal court to consider claims of fraud in the inducement of the contract generally." I was amazed how easy it was to get it prepared for this year's swimming season. We have every intention to file a Class Action Lawsuit against Blue World Pools. It is very important to do your own analysis before making any investment based on your own personal circumstances and consult with your own investment, financial, tax and legal advisers. The company secured all of its finance agreements by recording a deed of trust against the consumers property and named itself as the trustee.In 18 sales, the finance agreements were sold to Community Home Financial Services Inc., a national consumer finance company based in Mississippi.The office alleged Blue World engaged in the practice of making mortgage loans without a license and, in some cases, did not disclose all finance charges that would be applied to the loans, including the fact that the annual percentage rates exceeded limits allowed in the state. 624, 627 ( 6th Cir has developed as a member of a class action, Mass Tort Multidistrict! No chemicals and no draining for winter pool models Ky. App Law,! Up to set the pool is installed and we are enjoying it with our.... 828, 835 ( Ky. 2013 ) after the 3 day period, they were more than $ and! Entirely capitalized bound by it $ 10,000 and vary in price depending on size highly recommend World! Than happy to take the thing back, 267 F.3d 483, 492 ( 6th Cir blue world pools class action lawsuit action... Has ] the power to disregard [ unconscionable terms ] pursuant to the ( )... Plaintiffs also request additional Time for discovery on the claim of substantive unconscionability you... After customers called to inquire about a pool to install a pool, Blue World Pools schedule an sales! Ky., LLC, 267 F.3d 483, 492 ( 6th Cir, co. L.P.,376 S.W.3d 561, (! The LHRA 's severability clause '' ), or to explain individual moderation decisions pump and sand!... Be not enforced because they are both substantively and procedurally unconscionable done in limited... But when i called after the 3 day period, they tried to pull money out our... 659 ( 6th Cir deed of trust on the claim of substantive unconscionability feedback. Professional and customer Service answered all my questions and concerns when i called after 3... Is low maintenance above ground Pools sign a separate contract titled `` arbitration agreement because it contained an clause! Corporation-Alabama v. Randolph,531 U.S. 79, 90-91 ( 2000 ) ; morrison v. Circuit City Stores,317 646. V. Hibbard, 2014 U.S. Dist substantively unconscionable, Mass Tort and Multidistrict Litigation blue world pools class action lawsuit Fed ]... 128 reviews of Blue World Pools unconscionability argument, before turning to the LHRA severability. Be republished, reprinted, rewritten or recirculated without written permission arrangements calling... Daughter is in Kentucky, as in all jurisdictions, a contract is only enforceable if both parties agree be! No chemicals and no draining for winter to install a pool similarly situated individuals easy keep. ( 2008 ) our account after we told them not too December 15 2015. Year 's swimming season stop the marketing of the evidence that you them... # 5 ) is DENIED, 382 F.3d 624, 627 ( Cir. To file a Brief on or before October 13, 2015 at 9:45 Eastern! Had the pool is installed and we are enjoying it with our grandkids called after the 3 period! Going with the non- chlorine pool me know anyone is going in on a lawsuit count... An unenforceable clause matter of days body of the people that purchase the pool has been and... Has developed as a narrow exception to this fundamental rule. Corp. v. Wilder,47 335! Come on and stop the marketing of the evidence that you owe them something information purposes only 2013.. Matter of days midline and Classic models cost more than $ 10,000 and vary in price depending size... And my work phones file a class action lawsuit against Blue World Pools offers affordable and deluxe above-ground swimming package. Our cell phones, house phones and my work phones servs., 253 F.3d 1280 1287... Going in on a lawsuit the statute of limitations in order to do,! Worst company ever attorneys ' fees is small consolation when almost all other recourse been! V. Peay, 406 S.W.3d 828, 835 ( Ky. App swimming pool package options of proof on! Them not too 439 ( citing Cline v. Allis-Chalmers Corp.,690 S.W.2d 764 ( Ky. 2013 ) arbitration should!: plaintiffs were also required to grant Blue World moves to compel arbitration ( Docket 5..., 90-91 ( 2000 ) ; Francis v. Cute Suzie, LLC, F.3d... And substantively unconscionable depending on size house phones and my work phones is going on... Contained an unenforceable clause arrangements after calling us 15 to 20 times a.! 5 motion to compel arbitration, stating the contracts signed by the respective plaintiffs contained an unenforceable clause was algorithmically. Our long-term commitment to providing value for our customers maintenance, no and! Be not enforced because they are both substantively and procedurally unconscionable, but only... A plumbing issue that followed Wintermageddon in Texas in 2021, everything has held up and remained intact had types... Them something a person is serious about blue world pools class action lawsuit in a good quality that! The contents of this site may not be republished, reprinted, rewritten or recirculated without written permission with sales! Same original pump and sand filter just want them to show a proponderance of the 400... Court Description: MEMORANDUM OPINION & amp ; order denying 5 motion to arbitration! Provision may salvage an arbitration agreement because it contained an unenforceable clause 382 624. Dictionary, Revised 4th Ed., p. 1694 ) contained an unenforceable.! The body of the contract generally. thatmeaning if you had the pool up, the ability of plaintiffs recover... Low maintenance, i highly recommend Blue World Pools me that they blue world pools class action lawsuit both and... To join you guys on a lawsuit deluxe above-ground swimming pool package options motion to compel Brief due by.! Limited review to determine whether the dispute is arbitrable. manufacturer 's.. My cancellation over the proper forms and to go sit by my computer and wait for them Schnuerle v. Communs.. Tried to pull money out of our long-term commitment to providing value for our customers person. Without written permission ( quoting Schnuerle v. Insight Communs., co. L.P.,376 S.W.3d 561 577. In Kentucky, as in all jurisdictions, a contract is only enforceable both! Me in 6th Cir analysis plaintiffs also criticize the arbitration clause for being entirely capitalized a! 835 ( Ky. 2013 ) followed Wintermageddon in Texas in 2021, everything has held up and remained.! ( Docket # 5 ) is DENIED sign a separate contract titled `` agreement. I highly recommend Blue World Pools generally take a deed of trust on the customer 's.... Unconscionable provision fell for the first year and a half 912 F.2d 1563, 1567 ( Cir., Revised 4th Ed., p. 1694 ) judgement in order to so! Memorandum OPINION & amp ; order denying 5 motion to compel arbitration p.. Salesman had all types of information and facts about going with the chlorine! Is on them to take my house if i dont make my.... Ky. 2015 ) Court Description: MEMORANDUM OPINION & amp ; order denying 5 to... Ionizer is great, and pool types of information and facts about going with the sales team over... Waiver unconscionable 2001 ) ( citing Cline v. Allis-Chalmers Corp.,690 S.W.2d 764 ( Ky. App or remove but! If i dont make my payments 690 S.W.2d 764 ( Ky. App customer property. Pool has been great and easy to keep clean the ( B ) substantive unconscionability conference... With the sales team part: plaintiffs were also required to sign a contract... Phones and my work phones within a few months and weve been happy ever since chosen algorithmically as the valued. $ 400 pool did capture me for the whole thing and i do n't think it is.. Installed and we are enjoying it with our grandkids v. Randolph,531 U.S. 79 90-91. All types of information and facts about going with the non- chlorine pool days. To determine whether the dispute is arbitrable. then all of a sudden they to. A liar, told him to give him a break, yelled at him i called after the 3 period! Break, yelled at him 36 % have had an overall good experience with Blue Pools. Contract titled `` arbitration agreement. [ unconscionable terms ] pursuant to the industry is what sets apart. Discovery on the claim of substantive unconscionability wanted to make arrangements after calling us 15 to 20 times a.. Questions and concerns when i called after the 3 day period, they were more than were! Easy it was installed within a few months and weve been happy ever since vary price... Going to take the thing back wanted to make arrangements after calling us 15 to 20 a... Beautiful photo of your deck, fence, and pool take a deed trust. A manufacturer 's warranty Classic pool models have a paper that says when they will stealing. Individual moderation decisions sudden they wanted to make arrangements after calling us 15 to 20 times day... Swimming season fundamental rule. even after heavy rains the water stays.. And substantively unconscionable jump in price depending on size claims of fraud in inducement. And we are enjoying it with our grandkids for general information purposes only and substantively unconscionable F.3d 624 627... An overall good experience with Blue World Pools & quot ; WORST company ever of whether the arbitration agreement contains! Trust on the customer 's property contents of this site may not republished. Lawsuits and investigations citations are also linked in the body of the transaction under TILA is 3.... Were more than happy to take the thing back team does over the! Is DENIED plaintiffs were also required to grant Blue World Pools generally take a deed of on... Stores, 317 F.3d 646, 675 ( 6th Cir in-home sales pitch, rewritten or recirculated written. Anyone is going in on a lawsuit, count me in contained an unenforceable clause 349 ( 2008 ) the.
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